On 10/15/2013 HIPOLITO SOLANO filed a Property - Other Real Property lawsuit against RUGIERE NELSON GALVEZ MARCUCCI ET A. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHELLE R. ROSENBLATT and SUZANNE G. BRUGUERA. The case status is Disposed - Judgment Entered.
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10/15/2013
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
MICHELLE R. ROSENBLATT
SUZANNE G. BRUGUERA
BATANERO MARIA LORENA
CANTON GLORIA SOLANO
MOLINA JOSE
SALDANA PABLO
SOLANO HIPOLITO
CASA DE CAMPO FARALLON S.A.
HERNANDEZ CARTER
MARCUCCI RUGIERE NELSON GALVEZ
R. G. IMMOBILAIRE S.A.
R.G. INMOBILIARE S.A.
RG HOTELS INC.
VASQUEZ MARUQUEL GALVEZ
R.G. HOTELS INC.
R.G. IMMOBILIAIRA S.A. C/O GALVEZ Y
WILLIAMS RICHARD T. ESQ.
HOLLAND & KNIGHT LLP
AZLIN KRISTINA STARR
GRAHAM JUSTIN
MICHAEL POOLE ESQ.
CULVER LAW GROUP
MICHAEL POOLE LAW OFFICES OF
POOLE MICHAEL LEWIS
4/2/2018: STATUS CONFERENCE RE: APPEAL
5/3/2018: NOTICE OF FURTHER STATUS CONFERENCE RE: APPEAL
6/27/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: CONTINUATION OF THE 7/8/19 HEA...) OF 06/27/2019
4/23/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 04/23/2020
2/20/2014: PROOF OF SERVICE OF SUMMONS AND COMPLAINT ON MARUQUEL GALVEZ VASQUEZ
3/17/2014: NOTICE OF RULING CONTINUING CASE MANAGEMENT CONFERENCE
8/20/2014: DECLARATION OF MARUQUEL GALVEZ
10/7/2014: DEFENDANTS' REPLY TO EVIDENTIARY OBJECTION TO THE DECLARATION OF MARUQUEL VASQUEZ
10/17/2014: Minute Order -
6/9/2015: NOTJCL OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS BY DEFENDANT CARTER HERNANDEZ TO PLAINTIFFS? FIRST AMENDED COMPLAENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT EREOF
8/7/2015: PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT CARTER HERNANDEZ'S MOTION FOR JUDGMENT ON THE PLEADINGS
1/11/2016: Minute Order -
6/7/2016: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE
11/2/2016: Minute Order -
5/4/2017: DECLARATION OF HIPOLITO SOLANO IN OPPOSITION TO CERTAIN DEFENDANTS' MOTION TO DISMISS OR STAY ON GROUNDS OF FORUM NON CONVENIENS
5/4/2017: PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO CERTAIN DEFENDANTS' MOTION TO DISMISS OR STAY ON GROUNDS OF FORUM NON CONVENIENS
7/14/2017: PLAINTIFFS' MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION FOR RECONSIDERATION; DECLARATION OF KRISTINA S. AZLIN
7/20/2017: DEFENDANTS' CONSOLIDATED REPLY BRIEF
Docketat 08:30 AM in Department 40; Order to Show Cause Re: (entry of default judgment) - Held - Motion Granted
DocketJudgment (Judgment - By Default); Filed by Pablo Saldana (Plaintiff)
DocketJudgment (Judgment - By Default); Filed by Jose Molina (Plaintiff)
DocketJudgment (Judgment - By Default); Filed by Maria Lorena Batanero (Plaintiff)
DocketMinute Order ( (Order to Show Cause Re: entry of default judgment)); Filed by Clerk
DocketJudgment (Judgment - By Default); Filed by Gloria Solano Canton (Plaintiff); Hipolito Solano (Plaintiff)
Docketat 08:30 AM in Department 40; Order to Show Cause Re: (entry of default judgment) - Held - Continued
DocketNotice of Ruling; Filed by Maria Lorena Batanero (Plaintiff); Gloria Solano Canton (Plaintiff); Jose Molina (Plaintiff) et al.
DocketMinute Order ( (Order to Show Cause Re: entry of default judgment)); Filed by Clerk
DocketDeclaration (OF SAMUEL J. STONE, ESQ. IN SUPPORT OF PLAINTIFFS? APPLICATION FOR DEFAULT JUDGMENT); Filed by Maria Lorena Batanero (Plaintiff); Gloria Solano Canton (Plaintiff); Jose Molina (Plaintiff) et al.
DocketNOTICE OF CASE MANAGEMENT CONFERENCE
Docketat 00:00 AM in Department 71; (Affidavit of Prejudice; Case is reassigned) -
DocketMinute order entered: 2013-10-30 00:00:00; Filed by Clerk
DocketMinute Order
DocketChallenge To Judicial Officer - Peremptory (170.6); Filed by Hipolito Solano (Plaintiff); Gloria Solano Canton (Plaintiff)
DocketAFFIDAVIT OF PREJUDICE PEREMPTORY CHALLENGE TO JUDICIAL OFFICER (CODE CIV. PROC., 170.6)
DocketComplaint; Filed by Hipolito Solano (Plaintiff); Gloria Solano Canton (Plaintiff); Jose Molina (Plaintiff) et al.
DocketSUMMONS
DocketDECLARATION OF RICHARD T. WILLIAMS RE: TRANSLATION OF COMPLAINT FOR RESCISSION FOR FRAUD AND, IN THE ALTERNATIVE, FOR DAMAGES
DocketCOMPLAINT FOR RESCISSION FOR FRAUD AND, IN THE ALTERNATIVE, FOR DAMAGES
Case Number: BC524540 Hearing Date: January 07, 2021 Dept: 40
DEFAULT JUDGMENT PROVE-UP CHECKLIST
(CRC Rule 3.1800)
Case Name: Hipolito Solano v. Rugiere Nelson Galvez Marcucci
Case #: BC524540
Hearing Date: 1/7/21 (OSC Re: entry of default judgment)
Defaulting Party: Defendant Rugiere Nelson Galvez Marcucci; Defendant Maruquel Galvez Vasquez
Total Amount: $1,758,121.05
BACKGROUND: Plaintiffs refinanced their homes to invest in a fraudulent Panamanian real estate investment. Plaintiffs have not received the condominiums they were promised nor has their investment been refunded. Plaintiffs Hipolito and Gloria Solano invested $139,400, while Plaintiffs Pablo Saldana, Jose Molina, Maria Lorena Batanero each invested $50,000.
[X] DEFAULT ENTERED ON: 9/9/19 for Defendants.
[X] MANDATORY JUDICIAL COUNCIL FORM CIV-100 SUBMITTED FOR ENTRY OF
COURT JUDGMENT (CRC 3.1800(a))
[X] SERVICE:
Summons and Complaint
On February 3, 2014, Defendants were served in Panama. On January 13, 2017, Defendants’ attorney filed a motion to dismiss on the ground of forum non conveniens and therefore Defendants made a general appearance in this matter.
[X] DECLARATION OF MAILING -- Request for Entry of Default to Defendant (CCP § 587)
The entry of default was mailed to Defendants’ last known address in Panama.
[X] NO PENDING MOTION TO VACATE DEFAULT
[X] SUMMARY OF CASE PROVIDED (CRC 3.1800(a)(1)) - or other declaration OK [X]
[X] EVIDENTIARY DECLARATIONS/OTHER EVIDENCE (CRC 3.1800(a)(2))
Plaintiffs’ have provided declarations detailing how they were induced to invest by Defendants and the subsequent course of events.
Plaintiffs have provided a copy of the purchase agreement. (Decl. Stone, Decl. Molina. Ex. L.)
[X] RELIEF PRAYED FOR IN COMPLAINT (same as requested in default?): [X] yes[ ] no
Plaintiffs Hipolito and Gloria Solano
[X] Compensatory: $ 301,308.51
[X] Punitive: $ 415,298.88
[X] Interest: $ 114,913.71
[X] Costs: $ 8,539.62
Total: $ 840,060.72
Plaintiffs Pablo Saldana, Jose Molina, Maria Lorena Batanero (for each)
[X] Compensatory: $108,513.83
[X] Punitive $149,567.04
[X] Interest: $ 41,223.30
[X] Costs: $ 8,539.61
Total: $ 307,843.78
[X] INTEREST COMPUTATIONS (CRC 3.1800(a)(3))
$289,400 (total investment) x 10% = $79.29 per day (38.19 + 13.70 +13.70 +13.70)
From 10-12-2012 to 1-7-202= 3009 days
Plaintiffs Hipolito and Gloria Solano: 3009 x $38.19= $114,913.71
Plaintiffs Pablo Saldana, Jose Molina, Maria Lorena Batanero (for each): 3009 x $13.70= $41,223.30
[n/a] ATTORNEY FEE DECLARATION -- Request according to Local Rule 3.214 or reason provided why greater fees should be allowed (CRC 3.1800(b))
[X] MEMORANDUM OF COSTS (CRC 3.1800(a)(4))
[X] STATEMENT OF DAMAGES (CCP § 425.11):
[X] Punitives demanded [X] Evidence of net worth of defendant? (There was evidence that this investment fraud was part of a large scheme in which several individuals were defrauded. (Decl. Azlin, ¶ 18.)
[n/a] DECLARATION OF NON-MILITARY STATUS?
[X] REQUEST FOR DISMISSAL OF DOES (CRC 3.1800(a)(7))
[n/a] WAS DEFAULTING DEFENDANT A DOE? (CCP § 474) - must do one of the following:
[X] PROPOSED FORM OF JUDGMENT INCLUDED (CRC 3.1800(a)(6))
TENTATIVE RULING: GANTED
Default judgment by Court entered pursuant to Code of Civil Procedure section 585(d) for Plaintiffs Hipolito and Gloria Solano against Defendants Rugiere Nelson Galvez Marcucci and Maruquel Galvez Vasquez on the Complaint filed by Plaintiffs on 10/15/2013, for damages in the amount of $301,308.51, for punitive damages in the amount of $415,298.88, for interest in the amount of $114,913.71, and for costs in the amount of $8,539.62, for a total amount of $840,060.72.
Default judgment by Court entered for Plaintiffs Pablo Saldana, Jose Molina, Maria Lorena Batanero against Defendants Rugiere Nelson Galvez Marcucci and Maruquel Galvez Vasquez on the Complaint filed by Plaintiffs on 10/15/2013, for damages in the amount of $108,513.83, for punitive damages in the amount of $149,567.04, for interest in the amount of $41,223.30, and for costs in the amount of $8,539.61, for a total amount of $307,843.78 for each plaintiff.
Counsel to file a completed Judicial Counsel Form of Judgment, JUD 100, as soon as possible. (CRC 3.1800(a) (5).
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